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Religious Actors in International Law


ISBN13: 9780198712824
Published: July 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50



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This book assesses whether a new category of actors - religious actors - has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns.

This book moves beyond the concern that religious texts and practices may be incompatible with international law, to provide a detailed analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or affect.

Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies.

The book ultimately establishes that religious actors do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Therefore it demonstrates that they cannot be seen to form an autonomous legal category under international law.

Subjects:
Public International Law
Contents:
Introduction - The Shift in Focus

PART I - FROM RELIGION AND INTERNATIONAL LAW TO RELIGIOUS ACTORS IN INTERNATIONAL LAW
1. Religion and International Law Revisited
2. Religious Actors as an Analytical Category

PART II - OPERATIONALIZING THE ANALYTICAL CATEGORY OF RELIGIOUS ACTORS
3. Religious Organizations Under the European Convention Regime
4. The Holy See - Vatican State-Like Construct
5. The Organization Of Islamic Cooperation as Interpreter of Human Rights in the Context of Islam
Conclusions - Accountability and Legitimacy